Digital Playground co-founder Joone told XBiz that the registration process started long ago but only recently became official. More than a decade of hard work has gone into the development of the Vitual Sex brand, Joone said, and the trademark already has been invaluable in helping to prevent illegal use of the term by other adult companies.
“It’s like the golden number,” Joone said, referring to trademark #3014320. “In the last three months, three people came out with products using that name. Now, all we have to do is say, ‘Here’s the site and here’s the number,’ and no one can challenge us.”
Joone said he started noticing rampant use of the term by adult websites five years ago.
“In each case, the first thing they say is, ‘Yes, we can use it,’ because people think it sounds like a description of something,” Joone told XBiz. “They think it’s a generic term. But it wasn’t a term until we started using it back in 1994. It was coined because of our interactive product.”
Co-founder Samantha Lewis said that such imitation may be flattering, but the company isn’t willing to tolerate any watering down of its brands.
“Our success is reflected in the fact that competitors have repeatedly attempted to capitalize on our branding, marketing and the good will associated with our mark,” she said. “So far, we have successfully policed our mark, and have had infringing products removed from the marketplace.”
While the trademark has made it easier and less costly for Digital Playground to stop unauthorized use of Virtual Sex, he said it is equally valuable to the continued growth and development of the brand as well as the technology behind it.
He added that the company will expand the brand as it expands the technology, with the promise of “some really cool stuff coming out in the next few months.”
